Monday, May 5, 2008

Sultan has ‘no jurisdiction on transfer’

PENANG: Perak Sultan Azlan Shah has no jurisdiction over the transfer of Datuk Jamry Sury from the Perak Religious Department, Bukit Gelugor MP Karpal Singh said.
“The constitution of Perak clearly provides that the Rulers must act on executive advice.
“Sultan Azlan Shah did not have any say, as the Ruler of Perak, in the decision made by the state government and, by law, the palace cannot order the state government to reinstate Jamry,” Karpal Singh said, citing the case of the Federal Territory Education Director and Others vs Loot Ting Yee which was decided in the Federal Court in 1982.
Quoting part of the judgement, Karpal Singh said in a press statement, “whether a civil servant should be transferred, and if so, where and when the transfer is to be made are matters for the Government to decide.
“As employment in the public service is during the pleasure of the Yang di-Pertuan Agong, so long as a public officer is in the service, it is for the Government to decide whether his transfer is in the public interest.”

tunku : this karpal is insane.the sultan has the power to even strip of your citizenship if he wants too.don't give example of an education department staff and jamry in under the religious department which is under the sultan.the sultan has the power.yes, on other matters the sultan must act on executive advice but if he don't sign, what can you do?

5 comments:

zainal mokhtar said...

What do you expect from Karpal ? When he decides that you are his friend, you can do no wrong, even if he calls you a Bengali in your face( everyone in Malaysia calls the Punjabis Bengali in their back !), or transfer Departmental Heads on a whim.The poor fellow has apologised - let him learn his second public lesson in two months.
You can have your say, Karpal, but don't for a moment think that yours would ever be the last word. There is a long history to this country, notwithstanding what you might think. If you choose to comment on Islam and the Malay Custom,where you are obviously ignorant, don't expect the Malays to rush and kiss your grey beard. I'll be the last to deny your right to your your opinions, but I'll be the first to take exception to your bias and bigotry.

Tok Kemuning said...

A nice thing to know is that despite of what happening with the PRU12 the state is still belong to the Sultan. The only different nowdays compare to before is that we could elect our own representative to the DUN. Before the Sultan would appoint his own Bendehara, Temenggong etc. The Sultan is more mature nowdays so he decided to let us govern our own. But still despite all of that political scenerio that happening regardless, the states still belong to the Sultan. Whether they are from Pakatan or Barisan still they are governing the peoples on behalf of the Sultan. Sultan is the real protector for the rakyat regarless of their races. Politicians are not our real protector. Politician is a self interest group in society that we elected to bridge between rakyat and the Sultan. Regardless we are all still Rakyat to the Sultan. Daulat Tuanku.

whackthembugger said...

A rude awakening by a senior citizen of the country irrespective he is and has been many times an elected Member of Parliament. He should be ashamed of himself, to his party and his loose alliance.
Besides being insolent to the Sultan of Perak, I feel most offended when a non-Muslim speaks on behalf of the affairs, well being and interest of Muslims (that’s the core issue of the subject matter). This is utter nonsense coming from a citizen who thinks the courts of law and their jurisdiction is the all mighty solution to all problems in multi racial and religious Malaysia.
If anyone who should rightly dare to bring out such an issue, it should be someone from the leadership of his strange bedfellows PAS but PAS knows better than to dawdle on such fine lines.

Kapal deserves no mercy from the Sultan of Perak and Muslims alike.

Anonymous said...

The point Karpal makes is that the royalty should be ABOVE politics and not interfere in the decision of the executive. Clearly the MB of Perak has the right to transfer Jamry out on political grounds because Jamry is an UMNO man who can't work with the PR coalition govt. But obviously this Jamry went to cucuk the sultan and regrettably Raja Nazrin had to direct the MB to rescind his transfer. It is unfortunate that religion gets mixed up with politics and even though the MB's decision to transfer the director was a political one and had nothing to do with religion, UMNO obviously plays the religious card and prevails on the sultan to counter the MB. As the sultan is ABOVE politics, I think he should not interfere in the MB's decision to transfer the UMNO politician. The sultan should rest assure that whoever the MB appoints to take the place of Jamry will continue to do his duties well. It is highly regrettable that UMNO drags his highness into its problem with the MB, and Karpal rightly points this out. And he has a lot of support. Karpal should not give a damn about those UMNO bigots making a lot of noise.

Anonymous said...

`the sultan has the power to even strip of your citizenship if he wants too`

Only on the advise of Ministry of Home Affairs




don't give example of an education department staff and jamry in under the religious department which is under the sultan.the sultan has the power.

Only on advice of State Govt. He can refuse. But then it goes back for 2nd opinion. If the avice is unchanged, within a month the new ruling takes effect.




yes, on other matters the sultan must act on executive advice but if he don't sign, what can you do?


It automatically becomes the new law. You should know that. Thank UMNO for it.